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The homelessness budget
After several days of a mixture of swearing and incredulity, I am finally ready to write about the ’emergency’ budget (the emergency apparently being the pressing need to raise inheritance tax...
View ArticleCA to hear bedroom tax appeals this year
The CA is to hear bedroom tax appeals in A (the DV sanctuary appeal – our note here) and SR (where a minor requires overnight care – our note here) next term. A had been stayed pending the UKSC appeal...
View ArticlePrimary considerations
In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children...
View ArticleTLATA: The Court’s discretion
In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees...
View ArticleLegal Aid Merits Test
With thanks to James Stark at Garden Court North for alerting me to this. From Monday (27.7.15) there is an important amendment to the Legal Aid merits test in S.I. 2015/1571. In short, “borderline”...
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New home
Apologies for any disruption you may have encountered in getting to the site over the last day. We have moved to a new server (again, courtesy of the lovely Tessa Shepperson of Landlordlaw, who very...
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IT wasn’t
In Wandsworth LBC v Tompkins [2015] EWCA Civ 846, Wandsworth had purported to grant Mr and Mrs Tompkins an introductory tenancy of a property; only, as the Court of Appeal found, it wasn’t an IT...
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Wherever I lay my hat… Residence tests for allocation policies
HA, R (On the Application Of) v London Borough of Ealing [2015] EWHC 2375 (Admin) This is, I think, a very significant case for all Councils who have or are considering setting residence requirements...
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Job Ads
Two housing law job ads – the South London edition. Lambeth Law Centre – Senior Solicitor ( full time) Salary £38,307 to £40,807 depending on experience Lambeth Law Centre Law Centre is seeking to...
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‘It did seem to be expensive’
Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC) If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in...
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Discrimination between death and divorce?
Samawi v Haringey LBC, Claim no: A01EC488, 3 July 2015 Central London County Court Thanks to an Arden Chambers eflash comes news of a County Court case with interesting potential repercussions, albeit...
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Job Ad
MAYFLOWER SOLICITORS, BIRMINGHAM HOUSING/ CIVIL SOLICITOR NEEDED Send your covering letter and CV to enquiries@mayflowersolicitors.com Mayflower Solicitors, based in Birmingham City Centre, is a...
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Of bad banks behaving badly and public bodies
An intriguing mortgage possession County Court case featuring a ‘bad bank’. While the case itself turns on a failure by the bank to obtain relief from sanctions, it features an interesting line of...
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Making sense of deposits. Nearly.
It started as such a simple idea, the tenancy deposit regulations. But bad drafting and some ‘interesting’ interpretations by the Courts put paid to that. We now have a confusing mess, for both...
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The way you Mackie me feel*
The latest episode in the ongoing saga of the unlawful moneylender Dharam Prakash Gopee [or sometimes Ghopee] has just been handed down. (To catch up with the extraordinary history of the predatory,...
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Right to Rent – just how bad is it?
We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published...
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Hazard? What Hazard?
When do local authorities have to conduct Housing Act 2004 hazard assessments as part of their homelessness duties? The first part of the answer to this question was provided by the Court of Appeal in...
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Job Ads
Three job ads.. Tenancy at Garden Court North Chambers Want to join us? In line with our continuing expansion policy we would like to invite applications from experienced housing and immigration law...
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All of the wrong. And then some more.
Kazadi v Martin Brooks Lettings Estate Agents Limited & Faparusi, Edmonton County Court 14 May 2015 Thanks to Legal Action September 2015 Housing law updates for this one. An assured shorthold...
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1 October 2015 – section 21 day
On 1 October 2015, a whole range of changes come in, which affect whether or not a landlord can serve a s.21 notice on an assured shorthold tenancy (in England). There are some sensible ones, and then...
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